Tenant Wins Rent Arrears Payment from Bond - Tenancy Tribunal Decision
📌 In brief
In this Tenancy Tribunal case, the landlord was ordered to pay $1,653.43 from the bond to cover rent arrears and filing fees. The decision was based on the landlord providing proof of the rent owed through rent records.
⚖️ Legal holding
A tenant is entitled to have rent arrears paid from the bond if proven by rent records.
📖 Technical summary
The Tenancy Tribunal ordered the landlord to pay rent arrears from the bond.
📜 Headnote Official document
In a Tenancy Tribunal hearing, the landlord was ordered to pay $1,653.43 from the bond to cover rent arrears and filing fees. The decision was based on the landlord's provision of rent records proving the amount owing at the end of the tenancy.
📚 Full judgment Official document
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[2025] NZTT 5262123
TENANCY TRIBUNAL AT MANUKAU | TE TARAIPIUNARA RETIHANGA KI MANUKAU
APPLICANT: [redacted] [COMPANY]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [ADDRESS], [POSTCODE]
ORDER
1. [COMPANY] is to pay $1,653.43 from the bond of $2,340.00 (5321352- 009) to [COMPANY] as agent for [COMPANY] immediately.
2. The balance of the bond of $686.57 is to remain at [COMPANY].
Description Landlord Tenant Rent arrears to 21 May 2025 $1,626.43 Filing fee reimbursement $27.00 Total award $1,653.43 Bond $1,653.43
Reasons:
1. Only the landlord attended the hearing.
2. The landlord has applied for rent arrears and has provided rent records which prove the amount owing at the end of the tenancy.
3. The balance of the bond will remain with [COMPANY].
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4. The landlord indicated that they will be filing a further claim for vacated costs.
[NAME]
26 May 2025
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Please read carefully: Visit justice.govt.nz/tribunals/tenancy/rehearings-appeals for more information on rehearings and appeals.
Rehearings You can apply for a rehearing if you believe that a substantial wrong or miscarriage of justice has happened. For example: • you did not get the letter telling you the date of the hearing, or • the adjudicator improperly admitted or rejected evidence, or • new evidence, relating to the original application, has become available.
You must give reasons and evidence to support your application for a rehearing. A rehearing will not be granted just because you disagree with the decision. You must apply within five working days of the decision using the Application for Rehearing form: justice.govt.nz/assets/Documents/Forms/TT-Application-for-rehearing.pdf
Right of Appeal Both the landlord and the tenant can file an appeal. You should file your appeal at the District Court where the original hearing took place. The cost for an appeal is $260. You must apply within 10 working days after the decision is issued using this Appeal to the District Court form: justice.govt.nz/tribunals/tenancy/rehearings-appeals
Grounds for an appeal You can appeal if you think the decision was wrong, but not because you don’t like the decision. For some cases, there’ll be no right to appeal. For example, you can’t appeal: • against an interim order • a final order for the payment of less than $1000 • a final order to undertake work worth less than $1000.
Enforcement Where the Tribunal made an order about money or property this is called a civil debt. The Ministry of Justice Collections Team can assist with enforcing civil debt. You can contact the collections team on [PHONE] or go to justice.govt.nz/fines/civil-debt for forms and information.
Notice to a party ordered to pay money or vacate premises, etc. Failure to comply with any order may result in substantial additional costs for enforcement. It may also involve being ordered to appear in the District Court for an examination of your means or seizure of your property.
If you require further help or information regarding this matter, visit tenancy.govt.nz/disputes/enforcing- decisions or phone Tenancy Services on [PHONE].
Mēna ka hiahia koe ki ētahi atu awhina, kōrero ranei mo tēnei take, haere ki tenei ipurangi tenancy.govt.nz/disputes/enforcing-decisions, waea atu ki Ratonga Takirua ma runga [PHONE] ranei.
https://www.justice.govt.nz/tribunals/tenancy/rehearings-appeals https://www.justice.govt.nz/assets/Documents/Forms/TT-Application-for-rehearing.pdf https://www.justice.govt.nz/tribunals/tenancy/rehearings-appeals/ https://www.justice.govt.nz/fines/about-civil-debt/ https://www.tenancy.govt.nz/disputes/enforcing-decisions https://www.tenancy.govt.nz/disputes/enforcing-decisions http://www.tenancy.govt.nz/disputes/enforcing-decisions/
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A manaomia nisi faamatalaga poo se fesoasoani, e uiga i lau mataupu, asiasi ifo le matou aupega tafailagi: tenancy.govt.nz/disputes/enforcing-decisions, pe fesootai mai le Tenancy Services i le numera [PHONE].
Reasons:
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- The landlord proved the amount of rent owing at the end of the tenancy by providing rent records.
- The landlord was awarded $1,626.43 for rent arrears.
- The landlord was awarded $27.00 for the filing fee reimbursement.
- The landlord was the only party who attended the hearing.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The landlord was ordered to pay $1,653.43 from the bond to cover rent arrears and filing fees.
What was the dispute about?
The dispute was about whether the landlord should pay rent arrears from the bond.
How did the court decide, and why?
The court decided in favour of the tenant, ordering the landlord to pay the rent arrears from the bond based on the provided rent records.
Which laws or rules were applied?
No specific laws or rules were mentioned in the judgment.
What was the argument that mattered most?
The argument that mattered most was the landlord's provision of rent records proving the amount of rent arrears.
Was the decision for or against the person who brought the case?
The decision was for the tenant who brought the case.
What does this mean for someone in a similar situation?
Someone in a similar situation can seek to have rent arrears paid from the bond if they can provide proof of the amount owing.
What evidence or documents mattered?
The rent records provided by the landlord mattered in proving the amount of rent arrears.